RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01312
		INDEX NUMBER:  111.00
	XXXXXXXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

The Enlisted Performance Report (EPR) rendered on him for the period 24 Apr 98 through 23 Apr 99 be voided and removed from his records.

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APPLICANT CONTENDS THAT:

His rater was pressured into rating him an overall “4.”

In support of his appeal, applicant provides a letter of support from his former rater, letters of recommendation from his chain of command, and copies of the appeals he previously submitted through the Evaluation Reports Appeal Board (ERAB)

The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant is presently serving on active duty in the grade of master sergeant (MSgt).  A resume of the applicant’s last ten EPRs follows:

	Closeout Date				Overall Rating

	  9 May 94					5
	  9 May 95					5
	  3 Dec 95					5
	 22 Oct 96					5
	 23 Apr 97					5
	 23 Apr 98					5
	*23 Apr 99					4
	 13 Mar 00					5
	 13 Mar 01					5
	 13 Mar 02					5

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AIR FORCE EVALUATION:

AFPC/DPPPE recommends denial of the applicant’s request.  The applicant’s rater does not provide any evidence to support his assertion that undue pressure was placed upon him to rate the applicant an overall “4.”  The applicant did not state why the rater’s rater would mark him down unfairly or pressure the rater to do the same.  Further the applicant’s commander states he discussed the “4” rating with the evaluators and understood there were several problems in the work center and based on this input, he concurred with the “4” rating.  The commander’s letter also specifically states he acted on advice of the rater.  As such, it is not clear why the rater states in his supporting letter that he was “pressured” to give a rating that he was evidently advocating.

The complete evaluation is at Exhibit C.

AFPC/DPPPWB provides information regarding the impact of the contested report on the applicant’s promotion opportunity.  If the Board removes the EPR, he would normally be entitled to supplemental promotion consideration beginning with cycle 00E7.  However, it would serve no useful purpose since the additional points the applicant would gain are not sufficient to make him a selectee.  The applicant was selected for promotion during the next cycle, 01E7, and received a date of rank of 1 Mar 02.

The next time the EPR will be used in the promotion process is cycle 04E8 for promotion to senior master sergeant (SMSgt).

The complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 4 Jun 03 for review and comment within 30 days.  To date, a response has not been received.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, the Board majority agrees with the opinions and recommendations of the Air Force offices of primary responsibility and adopts their rationale as the primary basis for their conclusion that the applicant has not been the victim of an error or injustice.  Although the applicant’s immediate rater states that he was pressured into giving the applicant an overall “4” rating, he does not elaborate on what type of pressure was applied and any actions he took to protect his rights as a rater.  In reviewing the justification for voiding the EPR given by the applicant’s rater, flight commander, and squadron commander, the Board majority is puzzled as to how the “4” rating was erroneously given.  Noticeably absent is any indication that the applicant’s indorser was questioned as to his reasoning for the “4” rating.  This would certainly be helpful since he is blamed for the rating.  The majority notes that on the EPR the applicant received immediately prior to the contested report, with the same rating chain, he was rated a “5.”  It therefore appears that the decision to render a “4” was consciously thought out.  The Board majority believes that there are too many unanswered questions regarding the applicant’s EPR.  Therefore, in the absence of evidence to the contrary, they find no compelling basis to recommend granting the relief sought in this application.

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RECOMMENDATION OF THE BOARD:

A majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered Docket Number BC-2003-01312 in Executive Session on 20 August 2003, under the provisions of AFI 36-2603:

By a majority vote, the Board voted to deny applicant’s request.  Ms. XXXXX voted to grant the applicant’s requests and has attached a minority report at Exhibit F.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Apr 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPPE, dated 19 Apr 03.
    Exhibit D.  Memorandum, AFPC/DPPPWB, dated 27 May 03.
    Exhibit E.  Letter, SAF/MRBR, dated 4 Jun 03.
    Exhibit F.  Minority Report, dated 25 Aug 03.

                                   

MEMORANDUM FOR	THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS (AFBCMR) 
SUBJECT:	AFBCMR Application of XXXXX, XXX-XX-XXXX
On 20 August 2003, the Board considered and denied an application for correction of military records pertaining to subject applicant.  The majority of the Board voted to deny the applicant’s request to void his EPR closing 23 Apr 99.  I disagree with their recommendation.
The applicant has provided strong support from his immediate rater, flight commander, and squadron commander admitting that an error was made regarding the rating he received on his contested EPR.  I note that rating chain support is normally the overriding factor in similar cases granted by the Board.  While unfortunate that the rating chain did not recognize the error prior to the EPR becoming a matter of record, I find nothing in their statements that causes me to question their account of events and the credibility of this appeal.  In fact, I find the support of the squadron commander most compelling since he was authorized to change the applicant’s overall rating.  I do not find it unusual that the commander concurred on the contested report, since, I’m sure, he placed trust in his supervisors to make the correct call.  When confronted with information that an error had occurred, his actions to correct it should only be challenged in the face of compelling evidence that contradicts his version of events.  No such evidence is available in this case.  In view of the admitted errors made by the applicant’s rating chain, our failure to approve this request would constitute a grave injustice.  Therefore, I strongly urge that the requested relief be granted.

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                                        FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of XXXXX, XXX-XX-XXXX

I have carefully reviewed the evidence of record and the recommendation of the Board members and disagree with the majority’s recommendation to deny this appeal.  As noted by the minority member, the applicant has provided strong support from his rating chain.  This type of support has normally been the deciding factor in our previous decisions to grant relief in similar appeals.  Given the potential impact of the contested EPR on the applicant’s future promotion opportunity, I believe that any doubt regarding the appropriateness of the report should be resolved in his favor.  Therefore, I believe that relief should be granted and the report voided and removed from his records.

							

AFBCMR BC-2003-01312

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to XXXXXXXXX, XXX-XX-XXXX, be corrected to show that the Enlisted Performance Report (AB thru TSgt), AF Form 910, rendered for the period 24 Apr 98 through 23 Apr 99, be, and hereby is, declared void and removed from his records.